Judge finds there were no signs warning tourist Robert Healey against walking his pooch on a pitch, relieving him of a fine

This sign, warning dog owners off the pitch, was later erected by Conwy Council (Photo: Robert Parry Jones)

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A tourist who was fined £200 for walking his pet dog on a football pitch in Betws y Coed’s public park has won an appeal.

Robert Healey won his victory against Conwy Council after Mold Crown Court heard no warning signs were up at the park telling dog walkers not to go on the pitch.

After the hearing, Mr Healey branded the official who slapped him with the fine “a bit of a jobsworth”.

He said he had been in the town on holiday for he first time in 30 years when he ended up getting a fixed penalty notice for walking his pet dog on a football pitch on parkland in the town centre.

At first he thought he must have missed the sign, warning the public that it was a dog exclusion area.

But when he retraced his steps he found that there was no sign there at all.

His attempts to get the enforcement officer to come and check failed.

The officer took the view that once the ticket was issued, he would have to take it through the courts.

Mr Healey, 66, from Leamington Spa wrote to Prestatyn magistrates to explain the position and included photographs showing there was no sign at the entrance to the park from the Royal Oak car park.

But he was convicted of breaching the order and he was fined £200 with £130 prosecution costs to Conwy County Borough Council.

Added to that was £82.76 investigative costs and a victim surcharge of £20. But at an appeal at Mold Crown Court it was all set aside.

Judge Philip Hughes, sitting with two magistrates, said that photographs taken on the day showed a pole with no sign at the entrance to the park – and tellingly, a new sign had been erected since.

The judge said that Mr Healey told the officer immediately that he had not seen any sign, after he received the ticket he checked and found there was no sign, and when they later saw him and asked him to accompany him to see that no sign existed, he refused.

Judge Hughes said that it was a matter of some concern, but they would assume that the magistrates did not see the photographs before they made their decision.

“Under the circumstances, we are satisfied that the appellant did have a reasonable excuse not to comply with the regulations and upon that basis, the appeal is allowed,” he said.

The court heard that it was not even alleged that Evie, a Jack Russell cross, had fouled the area.

The two-year-old was kept on a lead and Mr Healey and his wife were described by their barrister Jonathan Austin as responsible dog owners who carried plastic bags to scoop up any droppings.

After the case Mr Healey, who will now have his costs paid from central funds, branded it all “a bit jobsworth” and said that it did not do Betws y Coed any favours.

“It’s lovely place, so relaxed, but this was over the top.

“There was no sign there so I should not have received the notice but the officer did not want to know,” Mr Healey explained.

He said his experience has not put him off visiting Wales.

In fact, he was so impressed with the area, that he and his wife were considering moving to North Wales for their retirement.

“My wife suggested that we just pay it and forget about it but it was a matter of principle. If we had seen a sign, we would not have walked that way, we are not that sort of people,” said Mr Healey, a self-employed floor layer.

“But there was no sign there in the first place.”

The couple turned their trip to the crown court into a holiday and stayed in Dolgellau.

They went back to Betws y Coed last week, and noticed that a new sign had since been erected.

Peter Brown, council's head of regulatory and housing, issued a statement: "The enforcement of Dog Control Orders is important to Conwy County Borough Council in our ongoing fight against dog fouling.

"Tourists are vital to the economy of Conwy and our work in keeping public spaces clean and safe benefits our residents and visitors alike.

"The Council will have regard to the successful appeal against the Magistrates' decision and will consider the reasons with a view to improving public awareness in the area in question."